The government made a big push for the 10 per cent reservation in government jobs and higher educational institutions for the economically backward category and appealed to the Opposition to support it as it would also include religious minorities, including Muslims and Christians.

Moving the Constitution (124th Amendment) Bill, 2019 in the Lok Sabha, Social Justice Minister Thawar Chand Gehlot said that the legislation will cover all castes, including Brahmins, Thakurs, Baniya, Patel, Gujjar, Jat and even those among Muslims, Christians and other religious minorities, which are not covered under the existing reservation enjoyed by the Scheduled Castes, Scheduled Tribes and Other Backward Classes.

Finance Minister Arun Jaitley said that the quota for upper castes had been a “jumla” for all political parties in the last few elections. He read out the promise of the Congress manifesto in 2014, which had stated that it is committed to finding a way forward for reservations for the economically weaker sections of all communities without disturbing the existing reservation for under privileged communities. In this connection, Jaitley told Congress leader Mallikarjun Kharge that if his party is supporting the Bill, then it should do so generously, not grudgingly.

Gehlot said the Supreme Court had earlier rejected the government order issued by the Narasimha Rao government in 1992, extending reservation benefits to the economically weaker sections of the upper castes because it was not provided under the Constitution. Jaitley admitted that the Gujarat law providing for EBC reservation too had been quashed.

"That is why we have decided to make such a provision under a Constitutional Amendment Bill. Rules will be framed under the law later. I am sure that the Supreme Court will reject any petition against the present Bill and accept the government's position of inclusive growth for all. This law will lead to peace and harmony in the society," Gehlot said, appealing to all members to support the Bill.

He added that Articles 15 and 16 of the Constitution were being amended so that the reservation benefit in Central government jobs can be extended to the upper castes belonging to the unreserved category.

The benefits of existing reservations under clauses (4) and (5) of Article 15 and clause (4) of Article 16 are generally unavailable to them, unless they meet the specific criteria of social and educational backwardness, it said. Under the Constitution (93rd Amendment) Act, 2005, clause (5) was inserted in Article 15 of the Constitution, which enables the State to make a special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes, in relation to their admission in higher educational institutions.

Similarly, clause (4) of Article 16 of the Constitution enables the State to make a special provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

Intervening the debate, Jaitley further allayed fears that the 10 per cent quota would breach the 50 per cent cap set by the Supreme Court, saying that the limit was specific to the quota for the SCs/STs and socially and educationally backward classes.

Referring to the Supreme Court judgement in the Indira Sawhney case, Jaitley said that the apex court struck down the government notification issued during the regime of PV Narasimha Rao because the quota for the economically weaker sections among the upper caste, was not provided in the Constitution.

"Hence, our decision to amend the Constitution to provide for such a reservation. There has been talk that the 10 per cent reservation will breach the 50 per cent sealing set by the Supreme Court. The 50 per cent sealing is for Article 16 (4), relating to backwardness reservation. The rule of 50 per cent is only for reservations for backward classes made under Article 16 (4)," he said, buttressing his argument that the proposed quota will not violate the Constitution.

When CPI (M) member Mohammed Salim got up to say something, Jaitley shot back, saying that only communists were opposing against what was being done for the weaker sections.

"Is our commitment limited only to manifestoes? I appeal to the parties to please support what you have written in the manifesto," Jaitley said, concluding his speech.

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